SHABAHAT HUSAIN Vs. DEPUTY DIRECTOR OF CONSOLIDATION, BULANDSHAHR

JUDGEMENT

(1.) Heard Sri Vishnu Sahai for the petitioner and Sri S.P. Singh for the caveator.

(2.) This writ petition has been filed against the order of DDC dated 20.7.2016, allowing the revision and setting aside the order of SOC dated 2.1.2013 and upholding the order of CO dated 3.2.2010.

(3.) The dispute between the parties is in respect of valuation of plot No. 1275/1, area 0.330 hectare. It may be mentioned that from the stage of Sec. 8-A, an area of 0.330 hectare of plot No. 1275 was valued @ 90 paise, while an area of 0.015 hectare and an area of 0.080 hectare of plot No. 1275 were chak out. These plots were original holdings of Smt. Hasina and others. The contesting respondents were allotted chaks in lieu of their plot No. 1275 on plot No. 1308. At the time of delivery of possession, it was found that they could not obtain possession over the chak which was allotted to plot No. 1308, as there was school building on it, therefore, they filed a time barred objection u/s 9 of the Act for deleting valuation of plot No. 1275/1, area 0.330 hectare. CO made spot inspection and found that over a portion of plot No. 1275/1, there is abadi, as such, it is not possible to deliver possession over it. Otherwise also, this plot is surrounded by the abadi, as such, he by order dated 3.2.2010, deleted the valuation of plot No. 1275/1. The petitioner challenged the aforesaid order in appeal before the SOC, who by order dated 2.1.2013, held that notification u/s 9 took place in the year 1993 and this objection was filed in the year 2008, therefore, there was no justification to consider the grievance for deleting valuation of plot No. 1275/1, after such a long time. On these findings, he allowed the appeal and set aside the order of CO dated 3.2.2010. The contesting respondents filed two revisions against the order of SOC. Both the revisions were consolidated and heard by DDC. The DDC also obtained a fresh report from the Consolidator, who submitted his report on 9.2.2013. After hearing the parties, DDC found that from the report of Consolidator as well as order of CO, it is clear that on plot No. 1308, which was allotted in the chak of contesting respondents, there was a school building and they could not get possession over it.